hoping to tell family and friends to join them at san francisco city hall. and this couple had a wedding ceremony last month but want legal recognition. >> it's almost tangible. the way it feels not having legal recognition from the state. >> this three-judge panel now ruled to keep same-sex marriages on hold until december, while legal wrangling continues. but judges said they want those who oppose to explain why they have any legal standings or say in this case. >> the united states supreme court said if you're just someone supporting a law, you don't have standings to challenge and to be involved in a challenge to that statute. >> and there is a supporters say the 7 million californian

who's approved this prop ligs will be harmed if weddings resume. >> people vote for something that. is challenged. the people have got to have some kind of a representative to take a stand and defend what the people voted for. we used this process to get around government officials shouldn't entrust defending that vote of the people. >> san francisco city hall was preparing to stay open late to handle 150 same-sex weddings each day. >> my heart goes out to couples and families looking forward to coming down here at 5:01 wednesday, thursday, and friday. there is people i know had flown in and had dinner plans after the marriage. now that is denied. >> and the mayor says the city will continue to throw support behind ted olsen and david

boise. they say they're not planning to appeal to the u.s. supreme court, their next step is oral arguments before 9th circuit court of appeals. abc 7 news. >> and attorney general brown told us the decision to extend state is disappointing but not surprising. >> this is a far-reaching decision, probably to be expected that the intermediate court wants to keep status quo, just keep everything as it is and as they await arguments then making the decision in early next year, then may go a larger number of judges and after thark may or may not go to the u.s. supreme court. >> in the castro district in san francisco, this afternoon,

response was one of recognition. -- -resignation. >> are you surprised?. >> no. >> it's been ongoing thing. goits tok a while before they legalize it. >> i expect it to go to supreme court thchl seems to be one issue that is not going to go away so there is a small gain. we'll get in there. for me, it's par for course just to be expected. >> there is some reaction from folks today. the panel stopped same-sex marriage what. is the next step? >> the next big event going to be oral arguments before ninth circuit court. that should be a barn burn skbrer a classic of american injures prude yents. you've got ted olsen won almost all of his appellate arguments and chuck cooper devoted his frogsal life to his side of the cause. >> and same-sex supporters

chose not to do anything? >> yes. same-sex marriage supporters could have gone to the circuit justice asking this be reversed. and they chose not to. and i think that is a tra steejic decision. they asked at least give us a speeded up briefing schedule so we can get a quick decision. they think they have a strong case on merits and think sooner they can get a decision, sooner they'll win and sooner their clients can can get married. >> the time line, which when can we expect an ultimate decision? >> i think we'll have a decision by the beginning the next year at the latest. the ninth circuit says we know have you plenty of firepower don't think about extensions. we're going to get this done very quickly. >> and there as california struggle was a deficit, the governor is trying to do something that critics call

crazy. spend millions to rebuild death row. and nannette miranda explains how. the $400 million expansion project includes 768 cells and that is enough for 1100 beds, a hospital, and six guard station autos in best of times this is a lousy project. >> this assemblyman, jared huffman sup set the governor is moving ahead with the expansion and is borrowing $65 million. the move comes when the state is facing a $19 kbrinl deficit. and the six week old budget stalemate puts california closer to issuing ious. >> it's closer to ious and to schools and clinics to needs that surely ought to rank well ahead of the boondoggle

project we don't need and can't afford. >> and this governor's office says legislature pass aid law requiring death row to be upgraded. now is the time to start the project because it will cost up to 55% less, providing 6,000 jobs. >> there is is a favorable bid climate. construction firms are eager to get business with the state. >> borrowing from the fund is the only way to kick start the project because of pending lawsuits to join the governor, and legislature made it impossible to get a construction bond administration points ought that the budget for other state programs won't be affected and $65 million will be paid back once state can sell bonds. but folks don't believe this money will be repaid and wonder why prisoners seem to wonder more than the services for disabled on the chopping block view to prioritize.

coy wo think holding harmless, innocent poor people of california would be a number one pro ti. >> this project expected to take three years. the assembly man says this will be the most expensive prison housing unit at half a million dollars per cell. a livermore mother accused of having sex with two young teen-aged boys made a second court appearance today. the 42-year-old did not enter a plea to 67 felony charges and her husband spoke for the first time. >> what is your family doing? >> we're doing okay. just one day at a time. and my kids are hanging tough, i'll tell you that. >> how are you doing? >> okay. >> christine hubbs remains in jail, and her next court appearance set for next month.

a 22-year-old berkry man has been charged with raping one woman and attacking two others. he is charged with one count of rape, two counts after tempted rape and residential burglary. and the deputy district attorney says dna linked him to one of the victims. there is also been identification by victims. and the family and friends are speaking up on his behalf. >> i was with him three days before that at a barbecue. he would never put him with that. >> he will be back in court to enter a plea august 26th. >> there is an update on a june fire damaging a solano county court house. according to authorities one of the suspect two suspects killed herself in jail over the weekend.

the 42-year-old used bandages to hang herself at the jail sometime on sunday. damage on the fire centered around the court's criminal division offices. the sheriff investigate jorz not release aid motive about this at this point. >> and because of a fire, a south bay elementary school had a day many didn't think would happen. hundreds of little kids started school today a few weeks after a fire devastated their classroom. this is a fire investigators were convinced was deliberately set. the quick work that got those children back to school. >> and this is her first ever school day. and this is a first day of school for the thousand children in san jose. many didn't think the school would open on time. >> i was really impressed. the district said we're going to rebuild here.

>> this is surprising. >> this is only five weeks ago a suspected arson zbroid 20 classrooms, administration offices and library. this first grade teacher feels the loss. >> this is hard at first. just knowing all that have for a second and part of the third grade classrooms rostlost their materials. and this community as come together. >> the community was promised school would would start on time and there would be class rooms for the children that. promise made by doctor vincent matthews. >> taking a lot of commitment from staff and school board, first priority is making sure we have high-quality facility autos the portables have been place add cross the street oo. where did you used to go to class? >> there. >> and where are you going now? >> here. >> donations of $100,000 have come in from parents, teachers,

businesses and corporations. rebuilding will cost $12 million accord together district. if you want to help, you can go to abc 7 news.com and learn about the contest khol's department store is holding to be able to donate 500,000ses today schools across the country. >> and tonight on abc 7 news. hope for bay area economy. and kind of jobs that need to be filled. >> from the gulf tonight opening of shrimp season. local researcher says affects of the leak there could last for years. >> and because of the series of small lows we'll see ups and downs in temperature range this week. whether tomorrow will be an up or down in the accu-weather forecast coming up. >> thank you, spencer and later tonight there is a story you'll get a kick out of. rockettes bringing their timeless routine to ora cell

>> closed captioning brought to you by mancini sleepworld. >> president obama cross country fund raising tour landed in southern california. here, you can see him in los angeles today. and president obama will hit five states over three days to raise millions of dollars for democratic candidates in difficult races. first stop was a wisconsin manufacturing plant making batteries for renewable products. the president says commit tomt clean energy will create more job autos seems few products

are made in the u.s. anymore. many labels on things say made in china, vietnam, or mallaisha. but there is a manufacturing come back happening here in the bay area. and abc 7's david louie has the story tonight from sonoma county. 20 years ago, manufacturing in u.s. was in its prime, then competition from china and other countries with far lower wages. workers are now demanding and getting higher pay. the result is a surprising turn around in the bay area. >> there is a more competitive than they are overtea saes now. >> and the new trend allowed his factory to go one to 16 employees. >> rather than a customer reinvesting into having an overseas manufacturer bring parts to life, they're to life in our facility.

>> there is a new generation of advanced technology machines making that possible. a single unit can represent an investment of a half million or more, but boosted productivity by lowering costs. >> this largest corporations are sitting on their capitol right now. it's uncertain environment. the small manufacturings don't have that luchlry. they to make the investments if you will. so, they're doing that. that is what helps larger economy. >> this company makes precision for dpeens customers. and the challenge now is finding m.v.p.ists. petaluma high school geared up training. >> everything is getting more mechanical now. and now, they'll need more advanced parts. and you need these machines to make advanced parts. >> there is optimism the trend of a manufacturing come back will continue.

>> becoming a machinist is not easy. when these young people are ready to become apprentices they'll have to undergo 8,000 hours of training as well as that four-year apprenticeship. in petaluma david louie abc 7 money scope. >> and if you're looking for a job in health field you might want to try next california job journal event in emeryville in two weeks. abc 7 is a proud sponsor, you'll find details under see it on tv. >> and new school year open in many communities around california today and the state relose leesed results of performance on star tests. and exams took place in the spring, measuring how wem students performed in reading and math. last year california public school students made steady progress. 52% read at grade level compared to 35% in 2003 bu. some worried cuts could threaten that progress. >> we're in a horrible situation and there there is

could those have an impact. yes. they can have an impact. >> students found fees in half. and compared to 35% seven years ago. >> and kids are going back to school and wondering where summer has gone, we never had it. >> well, we're, we have good news today. i'm here to serve the public interest. and this public seems interested in a warm up. there is a live view right now. and there is looking a marine layer not so deep as it was last week and as it was yesterday. and marine layer gets shallower or warmer we had a big warm up today. there is a 91 degrees in fairfield. 89 in cloverdale remaining cool on the coast. there is right now, looking at

warmth in the inland east bay and there is 83 in livermore. and only 58 here in san francisco. and 58 at half moon bai. and there is a temperature change with 10 degrees warmer than yesterday in concord. a couple places from 24 hour reading. napa two degrees warmer. and there is highlights, cloudy and some drizzle likely. and cooler tomorrow. and we'll have slight warming wednesday and thursday. and here is our water vapor image. low pressure sis pim tims we showed you over weekend. second one is on the way now arks approaching north coast of california bringing a bit of a cool down tending to get

a warm up. once that passes by there is a couple days of warming wednesday and thursday. tonight overnight, we'll see low clouds and fog once again and a chance of drizzle near the coast. low temperatures in a range we're familiar with. and here is a pattern we've seen day after day. and there is low clouds and fog lingering at the coast. and there is low temperatures remaining into 50s, 60s around the bay. 70s and 80s inland. and there is a a low i showed you approaches us. >> sunny skies and there is 75 in san jose. we'll see mainly low 70s and just upper 50s, and we'll see highs of 58 in the sunset district. mainly 70 tosz low 80s in the north bay. but northern north bay, 90s in yuk kia. 60s to low 70s into

near east bay z near monterey bay, highs mainly into low 60s near bay. here is our accu-weather forecast. there is a cool down tomorrow, then starting to warm up wednesday, upper 80s inland. low 70s ash the bai. up to 90 inlnld. mid-70s around the bay. notice no change on the coast z then, we start to cool down a little bit towards weekend z we do vai lovely week coming our way. >> and thank you oo. and coming up here later tonight urban gardening with a new twist. >> find out how to grow your own food just by go together library.

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police hope a surveillance tape will help them find two men shot at during a robbery. take a look at what happened. the robbers walked into a metro pc sa. store, pointed handguns at two employees and they were forced to run out of the store for their lives, one employee pulled out a weapon, opening fire on them. detectives do not know whether either was hit. >> some headlines now. new concerns tonight about the all-important housing industry. the monthly index of the national sofgs home builders had sunk to a lowest reading in 17 months. people still too concern owed to buy new houses or buying cheap properties in foreclosure, intel is buying a unit of texas instruments

making chips for cable models and hopes to make smarter modems and does not anticipate play laioffs. delta agreed to pay a billion dollars for a fremont company's products that should give more storage with less energy. and technology stocks did well on wall street today after taking a beating last yeek but dow fell slightly. >> and stanford's linear accelerateor they dedicated a device that coo improve countless lives some day. treasury secretary was among those who toured this new energy secretary, rather, toured a new $420 million device, ai high-energy x ray laser. it's like a camera with a beam focused and shutter speed so fast, scientists will be able to capture images of atoms in motion in, 3 d. it could lead to amazing medical break through as louing researchers to see inside of proteins that trigger cancer or alzheimer's.

>> we didn't know there is a protein involve bud didn't know what is wrong with the protein that makes a person sick. we had a picture, we'd maybe understand it, maybe make a drug to fight it. >> the machine has been a online for about a year. each burst lasts 100, one tenth of a trillionth of a second. >> that boggels the mind. >> an i team report. a follow up to video gate scandal at the police department. why are officers being punished? when this has been going on for years? >> and shrimp season. is the seafood save to seat eet in a research looking into >> ...berber carpet. it was a whole bowl of stew. nooo. why? i could have saved this one. i could have saved this one. ♪ call 1-800-steemer

the san francisco police chief at the time called it ab extremely dark day in the history of the san francisco police department. two dozen officers suspended for taking part in a video for a christmas party. four and a half years later the hearings are finally wrapping up and dan noyes is back with new information on what became known as video gate. >> this began with one caller comedy video. the mayor called it racist and homophobic but there are more videos about to be seen outside of the sfpd part of the defense for two officers still facing hearings before the police commission this week. jimmy lewis was an 18 year veteran of the san francisco police department. a street cop out of bay view with a distinguished record. his career came to a screeching halt because of this. his appearances in an comedy video. >> these videos have been done inside of the police

department for many years. and i mean, i've seen them as starting from a young patrolman. >> in this case, the police chief at the time, heather fong and mayor called a news conpresence to play clips from the video and announce two dozen officers were being suspended. >> this is a dark day, an extremely dark day. >> it's shameful and offensive. it's sexist and homophobic and racist. we're going to make sure this ends immediately. >> jimmy lewis tried to argue skits were just harmless inside jokes but wound up in the records room while charges, neglective duty, bringing discredit to the department made their way to the police commission. four and a half years later he's having a hearing this week. >> we need him out on the streets. by need him to fight crime. putting him in records room, paying him a salary that he makes and having him push records is just not -- i think

appropriate for reasonable. >> his attorney tells us part of the strategy was to improve the comedy video part of the culture of the department. but the top brass endorsed and participated in similar videos in the past. >> welcome to the 1996 task force christmas party. >> the i team received four older videos from a anonymous source produced by the same officer who made "cops gone wild". andrew crow en -- could hen resigned and declined to be interviewed for this story. the skits employ some of the same off color human skbror racial stereo typing that got video gate officers in trouble. here is where two officers enter a taqueria and find their lieutenant behind the counter.

in this video gate case, officers took heat for making fun of the homeless. and in these older videos. >> he made a lot of friends down here. >> i love you. goit a sack of potatoes for you. >> older videos were shot using city resources. a police station, officers in uniform and even a courtroom. and high-ranking officers appear in this video. here, a lieutenant at the time participates about parking at tender join station. >> can have you someone move a car? there is no place to park, again. >> maybe you're going to have to find a parking place. >> there are two roast tapes for higher ups. a lieutenant transfering to traffic. >> walk, don't walk.

walk. don't walk. and captain sue manhimmer now san may dayo police chief. >> no. the captain is in bora bora. >> her roast video pokes fun for often being out of the office. >> then, one day we received anonymously we believe from bora bora police, a video. >> there is a cameo from tony rivero after he retired. >> i heard something... >> joaquin argues these officers didn't get in trouble why should jimmy lewis and other video gate officers? >> officers had noticed that not only their superiors but other patrol officers had participating in making of videos and haven't been disciplined. >> we posed a question to george gasdon koen.

>> sit fair to displin these officers in these videos part of the culture? >> well, you know, i inherited this case. this case was filed with the police kmigs kmigs prior to my arriveal. i'm dealing with case that's were filed. we can go back, years and years back. >> he complains about treatment, the asian officers in the video were not suspended. others receive aid slap on the wrist. and short sus spexs or forced to resign. last week, one officer received nine months off without pay. and the girlfriend of the producer has hear hearing tomorrow, officer wendy hurley did not respond to our request for an interview. jimmy lewis will be last of the officers to have a hearing later in the week. >> i've gone through many phases and in four and a half years, angry, and more resilient. want to fight. >> i team learned several

officers are being asked to record another video. an apology to fellow officers and to the public. the department wrote a video gate skrismt a source sent me a coppy. but reads in part this video brought discredit to the department and members. my actions were wrong and inappropriate and i apologize. a writtenelment says the police chief can use the videos as he sees fit, including release to the immediata, publication and displayed throughout the department. >> this is a is a larger message to the organization and community that you know what? our people recognize this is not acceptable. we want to make it clear. we want to make that very, very clear. >> and the chief tells me he's not sure how he'll use the videos. they came out of the unit

producing award winning films for the department and hearts of the series even played on public tv. and we'll be there to report back to you. as mentioned i'm posting a script in a new i team blog. dan? cheryl? >> thank you. >> and moving on, shrimping season moved on for the first time since the bp oil leak. and early reports are encouraging. and many shrimpers spend the summer cleaning up oil and researchers say they can face unexpected health problems as a result that have work. leigh glaser has the story. >> i can't tell what you the scope of the affects will be. >> this ucsf researcher says

the toll on the communities could last years. >> there is some chemicals can be inhalled -- inhaled through the lungs and affect the brain. these are the so called volume file organic compounds. >> saying volunteers complained of skin irritations, poor air quality and chest pains. now, the oil leak has been capped, air quality is improving and so is the environment those cleaning up are working in but this is a long term mental affects to.ic exposure that people need to be concerned about. >> this is a survey showed those expose wrd three times more likely to suffer from anxiety disorder, two times more likely to suffer from post traumatic stress disorder. while today's opensing is another sign of the area is improving he believes more testing on the seafood is needed.

>> in making decisions about reopening fishries one of the key things that the agencies are relying on is people who are actually just smelling samples of fish and shrimp to see if there is an odor. but it's not 100%. >> she says she'll return to the gulf next month to continue her research. in san francisco, leigh glaser abc 7 news. >> and when we come back tonight healthy, low-cost food that is as close to local library and easy to get as borrowing a cook. -- book, check it out, next. did you know

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urban farming is not a new concept. but... finding time, seed and gardening knowledge has been hard. until now n city of richmond people can get everything they need with a little help from the local library. abc 7 has the story. >> if blessed to my own device s i can spend all day out here, it's not required. >> kelly grows 100 species of plants in her backyard from the beautiful to the edible. >> these are other vegetables. cabbage. and collards. >> until four months ago, getting seed was inconvenient process and begging friends

but now, getting access is close as the richmond library. >> this is creating communities pe. coming together and we're coming together. >> the seed bank is the brain child of rebecca newburn, a schoolteacher. it's just one component from a national movement to begin growing more of their own food especially in areas with lots of fast food restaurants. >> you can grow more of our own food locally and promote the health of that food, with from within the community. not from without. but lchz i think it -- it has substantial to change things for the better. >> result is healthy locally grown food at a reduced cost, a real plus in an economically challenged area like rich mochbld the seeds rented at no

costs but do you have to fill out forms and attend a small work shop. information is typed on index cards and color coded to show how hard or easy they are to grow. the seeds may be free but that doesn't mean you get them for nothing. at the end of the season, have you to bring back your own new seeds so someone else can borrow them and keep this idea going forward. >> if you have seed, you have food. you have potential for all of this. >> we've been doing seed saving as a culture for 12,000 years. and last 0 years we've lost the knowledge base. it's bringing people back to something that is just such a, you know part of being human. >> eric thomas abc 7 news. >> and there is more still to come here tonight including an east bay appearance by the rockette autos find out what [ male announcer ] when meg whitman arrived at ebay,

they had 30 people and an idea. meg's job was to make it happen. it took leadership. focus. and the ability to bring people together. meg whitman delivered. named one of america's best ceo's by harvard business review, she grew ebay 15,000 strong and made small business dreams come true. now meg has a plan to create jobs. fix sacramento.

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putting you at the center of your own world wide web. introducing the new droid x. the next generation of does. one of the great holiday classic saz radio city music hall spectacular around 78 years, if you can't make to it new york they're coming our way in december.

and don sanchez has a story with a real kick to it. the christmas spectacular is tradition, including a number from first production 78 years ago. a parade of the wooden soldiers but they aren't stuck in 1932. >> just keep evolving with the times that. is why it's still relevant and has been success oofl four are here to promote december shows at oracle arena and show us their signature. and this is a precision dance line in the world. we rehearse because we bring our legs up at the same time. and down. and this takes a lot of work and a lot of practice. >> this is big, and a cast of

crew of 1300 kos yums. their height is fish six to five 10 and a half. >> we make it an illusion, putting tallest girls in the center going out to shortest on the end. >> they say being a rockette is a dream but very competitive. advice for hopefuls... >> have to stick with your dance training. ballet, tap, jazz, they're very, very important. >> my dream is not to be a rockette but they insisted on this moment. and ah, what form. let me reread that. what form? and what do you think? i could be part of the group? or not. >> we'll keep new mind. >> i don't think this costume is going to work. >> abc 7 news. >> and step! >> get those kicks higher, don. >> don has legs for the job. >> no question.

>> yes. he does. >> and spencer does, too. >> yes. can't tell now, but yes. you're right. >> oh, yeah. i'm sure. >> let's take a look at weather. it's breezy outside some n.spots. gusts up to 31 miles per hour and there is where you can see evidence. this video threw you report powered by you tube looking over the bay. and you can see wind has made the waters unsettled. thank you for that video. there is tomorrow morning, 8:00 temperatures into 50s and climbing into 70s, you won't get woormer tomorrow, not as warm as today but a pleasant day. here is the accu-weather forecast. this is a warm up wednesday, thursday, and highs around 90. mid-70s around the bay. there is temperatures coming down everywhere. and inland and around the bay

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and tonight at 9:00 and what to watch out for on

facebook. and then, at 11:00 here on abc 7 caught on tape. see you tonight at 9:00 and 11:00 and and this is kind of an interesting move. i think, 49ers view themselves as contenders. that is why you get a brian west brooke. there is a to take the spot of the glenn coffee. west brooke spent eight season was the eagles and there is a lot of mileage, missed eight games last year, and there has to be concern, but for now, is excited about comply met -- complimenting frank gore. >> i knee franklin. so any chance i get i want to be able to go out there and perform. and to push them in the game. i'm hungry. i want to play.

so every. >> opportunity i get i'm going to make a play and am going to make something happen. >> and this is a guy that adds a lot of value in terms of the experience. >> niners didn't wait for ken juan bomber to come back they traded to seattle for a sixth round pick and there if he played a position this move would be like j marcus russell. and he was almost irrelevant vent. niners opening september 12th. what about raiders? there is he looks better than he did as a rookie when kind of lost out there. dhb only nine receptions in 11 games. and there is some blame going to guys throwing to try to him. the desire to improve has caught coach's eye.

>> in terms of out running and catching it, being able to run after a catch, he's much improved. soy look forward to him getting opportunities and games to show that. >> so there is a big difference? >> definitely. >> he's been working hard and trying to show him and myself i can make plays in this league. >> and those dreams are sweeping into first place. giants dropped with padres falling three and a half games back. and more of a concern is what happened to the franchise? tim lincecum gave up five earned runs and his velocity is down several miles per hour. questions about a's are up. lincecum says he's thinking too much about his own mechanics and his confidence has been shaken. >> trying to change too many things to fix things. and so... you know, getting back to simple things and just

trying to be optimistic as possible. >> this is as good as i've seen it. so this is just got to go out. >> so early, but very close. >> and there is giants off today and tomorrow, neck and neck for wild card. zbints need tim lincecum. >> very close. the manager is trum bling. >> that is what is making news. i'm dan ashley. >> i'm cheryl jennings. thanks for inviting us into your homes tonight. >> hope to see you again at 9:00 and 11:00.

this is the "jeopardy!" college championship. here are today's contestants-- a sophomore from t university of wisconsin-river falls... a sophomore from u.c.l.a... and a sophomore from lewis & clark college... and now here is the host of "jeopardy!"-- alex trebek! thank you, johnny gilbert. ladies and gentlemen, welcome. welcome to one of our most early anticipated tournaments